Two Rights Collide in Japan: Copyrights vs. Access (April.2001)

A new development is currently underway in Japan to improve access to information by persons with disabilities.
This article recounts our efforts to remove legal roadblocks to the introduction of real-time caption transmission of television programs.

In reflecting on the issue of securing of information for persons with disabilities, we could not avoid the copyright problem. For example, if a person with hearing impairments wishes to enjoy watching television programs, captions of audio contents are required. In Japan, real-time caption transmission, even on a limited scale, was put into place in the form of Internet Relay Chat (IRC) in 1994 by members of the Persons with Disabilities Forum on "NiftyServe", a BBS group. In 1998, however, the Writers Guild of Japan, a copyright holders' organization, raised an objection, saying, "Copyright has been violated." This allegation resulted in the situation where the captions of TV programs involving writers who belong to the Guild were not allowed to be transmitted on the net.

What lies behind the situation is the problem of how to reconcile the two rights: the right of access to information and copyrights. In the information society where lack of information brings about a great disadvantage, access to information is becoming even more important. At the same time, it is a matter of course that highly public-oriented mass media like television will take on the responsibility to provide accessibility by captioning their own programs.

Nevertheless, the conventional Copyright Law made it mandatory to obtain, point by point, the permission of the copyright owner, which, in some cases, resulted in failure because of numerous copyright owners involved and the lengthy waiting time required. Even urgent news items that would affect people's lives and property could not be exempted from this process in the eye of the Copyright Law. Furthermore, even an objection would be lodged, alleging that it was the case of infringement of copyright.

In order to overcome these circumstances, the Council on Broadcasting for Persons with Disabilities was inaugurated in September 1998. The Council, consisting of a number of organizations of persons with disabilities and other organizations concerned, has been promoting barrier-free broadcasting. One of their achievements is the recent revision of the Copyright Law. This revision legitimized real-time caption transmission without permission of the copyright owner, on the condition that the organizations designated by government decree shall provide the caption transmission service via Internet exclusively for persons with hearing impairment.

The Japanese Society for Rehabilitation of Persons with Disabilities (JSRPD), the first such designated organization, started real-time caption transmission of a TV program "Yuku Toshi Kuru Toshi (Old Year and the New Year)" aired on the NHK Main Channel at the hour of 0 a.m. on January 1, 2001, that is, at the exact same moment as enforcement of the revised Copyright Law. On that day JSRPD followed through with real-time caption transmission of TV programs including the Prime Minister's beginning-of-the-year press conference, two variety shows, and one drama, for 8 hours and 45 minutes in total. Hiroshi Kawamura, Director, Information Center, JSRPD, described the significance of the event:

"On that day, there were dozens of people for whom it was the first experience to understand what was said in a variety show."

In addition, the Japanese Association for the Hard of Hearing Inc. (Zen Nancho), another designated organization that followed JSRPD, started caption transmission of "HERO", a popular drama.

Because these activities were not included in the budget, JSRPD transmitted caption programs only on New Year's Day, and Zen Nancho is providing the service only for "HERO" at this time. Beginning in April, however, subsidies will be granted to 25 information centers for the hearing impaired by the central and local governments, and therefore, the two organizations are aiming to improve the service of caption transmission in cooperation with those 25 information centers across the country.

For more information, please contact Hiroshi Kawamura (hkawa@attglobal.net), Director of Information Center, JSRPD